2012 No. 2677 CHILD SUPPORT - Legislation.gov.uk

1 CHILD SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION SI 2012 /2677. REGULATIONS 2012 . 2012 No. 2677. CHILD SUPPORT . The CHILD SUPPORT Maintenance Calculation Regulations 2012 . Made - - - - 20th October 2012 . Coming into force in accordane with regulation 1. CONTENTS. PART 1. GENERAL. 1. Citation and commencement 2. Interpretation 3. Meaning of calculation decision . 4. Meaning of latest available tax year . 5. Calculation - information applicable 6. Rounding 7. Service of documents 8. Authorisation of representative PART 2. APPLICATION FOR A MAINTENANCE CALCULATION. 9. Applications under section 4 or 7 of the 1991 Act 10. Multiple applications 11. Notice of application PART 3. DECISION MAKING. CHAPTER 1. MAKING THE MAINTENANCE CALCULATION. 12. Initial effective date 13. Effect of variation applied for before a maintenance calculation is made Supplement No. 44 [Apr 2013] The Law Relating to Social Security 3121. SI 2012 / 2677 child SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION. REGULATIONS 2012 .

2 CHAPTER 2. REVISION. 14. Grounds for revision 15. Late application for a revision 16. Effective date of a revision CHAPTER 3. SUPERSESSION. 17. Grounds for supersession 18. Effective dates for supersession decisions CHAPTER 4. UPDATING GROSS WEEKLY INCOME. 19. Setting the review date 20. Updating gross weekly income at the review date 21. Updating unearned income at the review date 22. Periodic current income check 23. 25% tolerance for changes outside annual review or periodic current income check CHAPTER 5. NOTIFICATION OF DECISIONS. 24. Notification - general 25. Notification of a maintenance calculation 26. Notification of a revision or supersession 27. Notification of cessation of a maintenance calculation CHAPTER 6. MISCELLANEOUS MATTERS RELATING TO APPEALS. 28. Decisions involving issues that arise on appeal in other cases 29. CHILD SUPPORT appeals involving issues that arise in other cases 30. Tribunal decision made pending outcome of a related appeal 31. Supersession of tribunal decision made in error due to misrepresentation etc.

3 32. Supersession of look alike case where law reinterpreted by the Upper Tribunal or a court 33. Procedural matters relating to appeals 3122 Supplement No. 44 [Apr 2013] The Law Relating to Social Security CHILD SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION SI 2012 /2677. REGULATIONS 2012 . PART 4. THE MAINTENANCE CALCULATION RULES. CHAPTER 1. DETERMINATION OF GROSS WEEKLY INCOME. 34. The general rule for determining gross weekly income 35. Historic income - general 36. Historic income - the HMRC figure 37. Current income - general 38. Current income as an employee or office-holder 39. Current income from self-employment 40. Deduction for pension contributions relievable at source 41. Current income from a pension 42. Estimate of current income where insufficient information available CHAPTER 2. RATES OF CHILD SUPPORT MAINTENANCE. 43. Reduced Rate 44. Flat Rate 45. Nil rate 46. Decrease for shared care 47. Assumption as to number of nights of shared care 48. Non-resident parent party to another maintenance arrangement CHAPTER 3.

4 DEFAULT MAINTENANCE DECISIONS. 49. Default rate CHAPTER 4. SPECIAL CASES. 50. Parent treated as a non-resident parent in shared care cases 51. CHILD in care who is allowed to live with their parent 52. Non-resident parent liable to maintain a CHILD of the family or a CHILD abroad 53. Care provided in part by a local authority 54. Care provided for relevant other CHILD by a local authority 55. CHILD who is a boarder or an in-patient in hospital Supplement No. 44 [Apr 2013] The Law Relating to Social Security 3123. SI 2012 / 2677 child SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION. REGULATIONS 2012 . PART 5. VARIATIONS. CHAPTER 1. GENERAL. 56. Application for a variation 57. Rejection of an application following preliminary consideration 58. Provision of information 59. Procedure in relation to a variation 60. Factors not taken into account for the purposes of section 28F. 61. Procedure on revision or supersession of a previously determined variation 62. Regular payments condition CHAPTER 2.

5 GROUNDS FOR VARIATION: SPECIAL EXPENSES. 63. Contact costs 64. Illness or disability of relevant other CHILD 65. Prior debts 66. Boarding school fees 67. Payments in respect of certain mortgages, loans or insurance policies 68. Thresholds CHAPTER 3. GROUNDS FOR VARIATION:ADDITIONAL INCOME. 69. Non-resident parent with unearned income 70. Non-resident parent on a flat rate or nil rate with gross weekly income 71. Diversion of income CHAPTER 4. EFFECTS OF VARIATION ON THE MAINTENANCE CALCULATION. 72. Effect on the maintenance calculation - special expenses 73. Effect on the maintenance calculation - additional income grounds 74. Effect on maintenance calculation - general 75. Situations in which a variation previously agreed to may be taken into account in calculating maintenance liability PART 6. MEANING OF TERMS IN THE 1991 ACT. 76. Meaning of CHILD for the purposes of the 1991 Act 77. Relevant other CHILD outside Great Britain 78. Persons who are not persons with care 3124 Supplement No.

6 44 [Apr 2013] The Law Relating to Social Security CHILD SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION SI 2012 /2677. REGULATIONS 2012 . Regs. 1-2. SCHEDULE - APPEALS: PROCEDURAL MATTERS. The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 3(3), 5(3), 12(4) and (5), 14(1) and (1A), 16(1), (4) and (6), 17(2), (3) and (5), 20(4) and (5), 28ZA(2)(b) and (4)(c), 28ZB(6)(c) and (8), 28A(5), 28B(2)(c), 28C(2)(b) and (5), 28F(2)(b), (3)(b) and (5), 28G(2) and (3), 42, 51(1) and (2), 52(4), 54. and 55(1)(b) of, and paragraphs 3(2) and (3), 4(1) and (2), 5, 5A(6)(b), 7(3), 8(2), 9, 10(1) and (2), 10C(2)(b) and 11 of Schedule 1, paragraphs 2, 4 and 5 of Schedule 4A. and paragraphs 2(2) to (5), 4, 5 and 6 of Schedule 4B to, the CHILD SUPPORT Act 1991(a). A draft of this instrument was laid before and approved by a resolution of each House of Parliament in accordance with section 52(2) and (2A) of that Act(b). PART 1. GENERAL. Citation and commencement 1.

7 These Regulations may be cited as the CHILD SUPPORT Maintenance Calculation Regulations 2012 and come into force in relation to a particular case on the day on which paragraph 2 of Schedule 4 to the CHILD Maintenance and Other Payments Act 2008(c) (calculation by reference to gross weekly income) comes into force in relation to that type of case. Interpretation 2. In these Regulations . the 1991 Act means the CHILD SUPPORT Act 1991;. 1 contribution-based jobseeker's allowance means an allowance under the 1. Defn. of contribution- Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the based jobseeker's allowance inserted by reg. 44(2)(a) of 2013/630 as from ( a ) 1991 c. 48. Section 5(3) was amended by section 1(2)(a) of the CHILD SUPPORT , Pensions and Social Security Act 2000 (c. 19) ( the 2000 Act ). Section 12 was substituted by section 4 of that Act. Section 14(1) was amended by section 12 of, and paragraph 11(1) and (7) of Schedule 3 to, that Act and amended by Schedule 8 to the CHILD Maintenance and Other Payments Act 2008 (c.)

8 6) ( the 2008 Act ). Section 14(1A) was inserted by paragraph 3 of Schedule 3 to the CHILD SUPPORT Act 1995 (c. 34). Section 16 was substituted by section 40. of the Social Security Act 1998 (c. 14). Section 17 was substituted by section 41 of the Social Security Act 1998; subsections (2) and (3) were substituted by section 17 of the 2008. Act. Sections 28ZA and 28ZB were inserted by section 43 of the Social Security Act 1998. Sections 28A to 28C were substituted by section 5(1) and (2) of the 2000 Act. Section 28F. was substituted by section 5(1) and (5) of the 2000 Act. Section 28G was substituted by section 7 of the 2000 Act. Section 42 was amended by paragraph 11(1) and (2) of Schedule 3 to the 2000 Act. Section 51 was amended by section 1(2) of, and paragraph 11(1) and (19)(a) of Schedule 3 to, the 2000 Act. Section 55 was substituted by section 42 of the 2008. Act. Schedule 1 was amended as follows. Paragraphs 4 and 5 were amended by paragraphs 1. and 2 of Schedule 4 to the 2008 Act.

9 Paragraph 5A was inserted by paragraph 5 of Schedule 4 to the 2008 Act. Paragraph 8(2) was amended by paragraphs 1 and 7 of Schedule 4 to the 2008 Act. Paragraph 9 was amended by paragraphs 1 and 8(2) to (4) of Schedule 4, and Schedule 8, to the 2008 Act. Paragraph 10 was amended by paragraphs 1, 2, 9 and 10 of Schedule 4 to the 2008 Act. Paragraph 10C was amended by paragraph 1(1) and (31) of Schedule 7 to the 2008 Act. Schedules 4A and 4B were substituted by section 6 of, and Schedule 2 to, the 2000 Act and amended by section 58 of, and Schedule 8 to, the 2008 Act and by 2008/2833. Section 54 is cited for the meaning of prescribed . References in the 1991 Act to the Commission were replaced by references to the Secretary of State by 2012 /2007. (b) Section 52(2) was substituted by section 25 of the 2000 Act. Section 52(2A) was inserted by paragraph 1(1) and (23) of Schedule 7 to the 2008 Act. (c) 2008 c. 6. Supplement No. 45 [Aug 2013] The Law Relating to Social Security 3125. SI 2012 / 2677 child SUPPORT ( CHILD SUPPORT MAINTENANCE) CALCULATION.

10 REGULATIONS 2012 . Reg. 2. Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions; . 1. Defn. of contributory 1 contributory employment and SUPPORT allowance means an allowance under employment and Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule SUPPORT allowance 3; and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references substituted by reg. 44(2)(b) of 2013/ to an income-related allowance, and a contributory allowance under Part 1 of the 630 as from Welfare Reform Act 2007 as that Part has effect apart from those provisions; (a);. capped amount means the figure specified in paragraph 10(3) of Schedule 1 to the 1991 Act (or in that sub-paragraph as modified by regulations under paragraph 10A of Schedule 1 to the 1991 Act(b));. couple has the meaning given by paragraph 10C(5) of Schedule 1 to the 1991.